Burn Injury Lawyer in Delaware County and Philadelphia: Claims for Burns, Scarring and Disfigurement

Can you sue for a burn injury in Pennsylvania?

Yes, when someone else's carelessness caused the burn. A driver who caused a crash and fire, a landlord who left a water heater dangerously hot, a restaurant that served a scalding drink without a secure lid, or a contractor who left a live wire exposed can all be responsible for the harm. The claim covers medical treatment, lost income, scarring and, depending on the case, pain and suffering.

Burns at work follow a different path. Workers' compensation usually pays first, and a separate claim may exist against someone other than your employer. Both are explained below.

Burn degrees and why severity drives the claim

Doctors classify burns by how deep they go. Depth, the percentage of the body affected, and location (face, hands, feet, joints and genitals are treated as especially serious) guide treatment and shape the value of a claim.

• First-degree: damage to the outer layer of skin only, with redness and pain. These usually heal without lasting scars.
• Second-degree: damage extending into the layer below, with blistering and severe pain. Deeper second-degree burns can scar and may need grafting.
• Third-degree: destruction of the full thickness of the skin. Nerve damage can make the area numb, and grafting and scarring are common.
• Fourth-degree: damage reaching fat, muscle or bone, sometimes resulting in amputation.

How burn injuries happen

Burn claims in our area come from a handful of recurring situations.

• Vehicle fires: a collision on West Chester Pike, the Blue Route or Roosevelt Boulevard can rupture fuel lines or damage a battery and trap people in a burning car. The driver who caused the crash is responsible for the burns that followed.
• Scalds in rental housing: water heaters set too hot, broken mixing valves and steam leaks from old heating systems can scald children and older adults in seconds. A landlord who knew or should have known of the hazard may be liable.
• Restaurants and stores: hot liquids served in flimsy containers, spills by staff, grease fires and unguarded cooking equipment.
• Electrical burns: exposed wiring, faulty repairs and contact with energized equipment on job sites. Electrical burns can look small on the skin while causing deep damage to muscle, nerves and the heart.
• Chemical burns: cleaning agents, industrial chemicals and battery acid, often in workplaces where training or protective gear was lacking.
• Building fires: blocked exits, missing or dead smoke detectors, and unsafe wiring in apartments and commercial buildings.

Burns at work: workers' compensation and third-party claims

If you were burned on the job, Pennsylvania's Workers' Compensation Act generally covers your medical treatment and partial wage loss regardless of fault. In exchange, the Act makes your employer's liability under it exclusive, so you usually cannot sue your own employer for the injury (77 P.S. § 481(a)). Tell your employer promptly: notice within 21 days protects benefits from the first day, and no benefits are payable if notice is not given within 120 days (77 P.S. § 631).

The same statute preserves your right to sue a third party whose negligence caused the injury (77 P.S. § 481(b)). On a construction site, that might be a general contractor, another subcontractor or the property owner. On the road, it might be a driver who hit your work vehicle. If you recover from a third party, your employer or its insurer generally has a right to be repaid from that recovery for comp benefits it paid, with attorney fees shared (77 P.S. § 671). Handling both claims together keeps one from undercutting the other.

Workers' comp also provides a specific benefit for serious and permanent disfigurement of the head, neck or face that produces an unsightly appearance: two-thirds of wages for up to 275 weeks, depending on the disfigurement (77 P.S. § 513(22)).

Scarring, disfigurement and limited tort

When a burn comes from a car crash, your auto policy's tort election matters. A person bound by limited tort can recover economic losses such as medical bills and lost wages, but pain and suffering is barred unless the injury is a serious injury (75 Pa.C.S. § 1705). Pennsylvania defines serious injury to include permanent serious disfigurement (75 Pa.C.S. § 1702).

Burn scars are one of the clearest ways to meet that standard. Photos over time, treating doctors' opinions on permanence, and the location and size of the scarring all matter. Grafts, contractures that limit movement, and scars on the face or hands carry particular weight. Some limited-tort policyholders also keep full tort rights through a § 1705(d) exception, such as when the at-fault driver is convicted of DUI or accepts ARD for it, or when they were riding in a vehicle other than a private passenger vehicle.

What a burn injury claim can include

Burn treatment is long. It may involve a burn unit stay, debridement, skin grafts, reconstructive surgery years later, compression garments and therapy to keep skin and joints moving. A claim should account for all of it, including care that has not happened yet.

• Past and future medical costs, including reconstructive and scar revision procedures.
• Lost wages and reduced earning capacity.
• Pain and suffering, including the pain of treatment itself, where your tort status allows it.
• Scarring and disfigurement, and the emotional harm that comes with them.
• Counseling for anxiety, depression or post-traumatic stress after a fire.

What to do after a burn injury

Get medical care right away and follow up, even for burns that look minor at first; depth can be hard to judge in the first days. Then protect the evidence.

• Photograph the injury regularly as it heals and scars.
• Keep the clothing, cup, container or product involved, and do not throw anything away.
• Write down who was present and what was said, including any admissions by staff or a landlord.
• Get the fire department or police report if one was made.
• Report a work injury to your employer in writing.

Deadlines

Pennsylvania generally allows two years from the injury to file a personal injury lawsuit (42 Pa.C.S. § 5524), with exceptions such as the pause for minors until 18. If a government unit or SEPTA is involved, written notice is generally due within six months (42 Pa.C.S. § 5522). If you share some fault, your recovery is reduced by your percentage and barred if it exceeds the combined fault of the defendants (42 Pa.C.S. § 7102).

How we work with burn survivors

Warren I. Siegel has practiced in Pennsylvania since 1992 and is also admitted in New Jersey and Colorado. He handles each case personally from our office at 8000 West Chester Pike in Upper Darby, and we can meet with family members while you are still in treatment.

Our fee is 100% contingency: no attorney fee unless we recover. The firm advances all case costs, which are repaid only from a recovery, and if there is no recovery you owe nothing. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.